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Antigua
Independent Country British Commonwealth English Common Law
Jurisdiction New trademark legislation, the Trade
Marks Act 2003 and Trade Marks Regulations 2006, were put into effect
on October 1, 2006. The act provides for local registrations with effect
from date of application. Service marks can now be registered and Paris
Convention priority is now available. Madrid Protocol implementation is
also under way. Previous legislation has been repealed
and registration based on a UK registration is no longer provided for
nor possible. Current local and UK-based registrations will continue under
the new act for their unexpired terms or 10 years from October 1, 2006,
whichever occurs first, while new registrations will be for a term of
10 years, with renewals for further periods of 10 years. No local use or intent to use is
necessary prior to application but failure to use a mark within a period
of three years following the date of registration will subject the mark
to an action for cancellation. The Authorisation of Agent form needs to
be signed under item 5, where the name of the individual person who signs
the form must also be entered. in addition the proprietor’s seal must
be applied, absent which the form must be notarized. No witnessing or
legalization of this form is needed. IN
addition, for each application to register mark, we need a Declaration
of Use or Intent to Use signed by the proprietor which form is also available
to download on the link provided below.
and
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